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opensky (self)     25 January 2015

Cruelty case - how to handle

Hi,

My wife has put a cruelty case on me quoting all the small arguements we had in 2.5yrs...and portraying whole time was torturous.

her 2 biggest things against me 1 incident of me lightly physical (highly exagerated in petition) and one mail where we had argued which she has used in petition.

now asking 50L perm alimony.

please suggest what should i do, how much valid is email as evidence. should i tell the truth of physical happened but not like it is put in petition or totally deny it?



Learning

 11 Replies

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING)     25 January 2015

Ans. If she has filed case on the ground of cruelty and that too for divorce & alimony, you have to defend the case suitably.  If for alimony, refuse to pay if she is employed and educated. To avoid it by defending that you are prepare to take care of her and she should stay with you. As for cruelty is concerned ruse to admit sms or physical hurt..

Prasad (Systems Engineer)     25 January 2015

Hello opensky,

 

You are the one of the very few luckiest man in India.

Be happy about it and thank god for the same.

Many husbands are fighting to get divorce from their cruel wives.

Here, your wife herself filed an exaggerated cruel case.

That means she made it easier for you to get relief from her sooner.

 

Our parents also had similar small fights but they could resolve it within themselves or with the help of elders.

 

But, now, the female-gender biased laws has given a big amplifier to all woman to exaggerate the happenings between a wife and her husband.

 

With this cruelty case, your wife has shown cruel cruelty on you.

DO NOT GIVE A DAMN ABOUT WHAT CHARGES YOUR WIFE HAS PUT.

Just deny all her allegations and challenge her to prove her allegations.

You submit as much proof as much you have.

Talk to her and her parents and record all the conversations to prove.

Once you win this case, you can file a divorce case citing her cruelty.

Once her cruelty is proved, she cannot also demand a big alimony.

 

But you should be lucky enough to get a good reliable lawyer.

Otherwise your life will become messed up further.

So, choose a good lawyer by consulting and researching.

 

But if you have love and trust on your wife and want to live with her,

just take as much steps as possible to talk to her to win her back.

Do not file RCR for this.

For a husband to join his wife, law is not required. 

Love and patience is required.

opensky (self)     25 January 2015

Thank you sirs. one more aspect please clarify. Can she use my mail as evidence. She has used verbatims from it in petition. Tnx.

Prasad (Systems Engineer)     25 January 2015

 

Yes, emails can be evidence. But, it will only help your wife to get divorce.

And if you also want  divorce, it will make things easier.

But you can argue that your wife is trying to exaggerate the contents of the mail. 

 

If you want to avoid this case drag further, you can ask your wife for mutual consent divorce.

Samir N (General Queries) (Business)     26 January 2015

I partially agree with Prasad because most men only think of opposing any petition filed. They simply do not think of the "what if" part in terms of what if they admit to some of the allegations, even if the allegations are false. So, to that extent I agree with Prasad.  However, I disagree with the notion of admitting to cruelty. You will be permanently stamped as a person who was divorced because you inflicted cruelty on your wife. Not something you would like to have on the record.  If she has also alleged desertion, then consider it as a gift on a golden platter. Admit desertion and be done with your divorce. 


Divorce based upon cruelty is not granted that easily unless you were physically abusive or had affairs or you tortured her mentally and she has proofs. Most allegations are brushed aside as "normal wear and tear in a marriage" and there is no dearth of judgments in support of this legal position. Therefore, if you do not want divorce, you can fight it out...  Also, you can drag the case too for a long time... How? Get hold of a very good advocate. You don't have to tell him to drag the case, if he is good, that will be the first thing on his mind. -:) 

saravanan s (legal advisor)     28 January 2015

normal wear and tear in ones married life is not considered as grounds of cruelty. arguments do happen nowadays through chats and emails and that alone cannot be used as a ground for divorce.as far as physical assault is considered just deny it plainly and the burden to prove it will be on her

Soman (Dy Manager)     28 January 2015

"You don't have to tell him to drag the case, if he is good, that will be the first thing on his mind."  :D

Nice one Samir.

namaste   28 January 2015

nice advice frm samir and prasad. only difficulty is hw and whn it shld b applied. most of us like me made mistake here.

Samir N (General Queries) (Business)     28 January 2015

@Namaste, if it is any consolation, we all make mistakes here for one simple reason: Our advocate tries to impress us with his/her knowledge and how he/she can rebut all the allegations and get the petition thrown out.  We get impressed by this apparently aggressive approach and in the process forget to analyze in terms of all the "what ifs."  What if we actually admit to some of the allegations? Do we really need to spend the rest of our life with someone who is making such allegations against us?  What is going to stop this person from repeating the same allegations in the future even if we prevail in this petition? What is the permanent way out? THIS APPLIES TO BOTH HUSBANDS AND WIVES. DON'T ALWAYS THINK OF FIGHTING EVERY ALLEGATION. THINK "OUT OF THE BOX" AND THEREIN YOU WILL FIND A WHOLE RANGE OF PERMANENT SOLUTIONS AND AN INCLINATION TO ACTUALLY ADMIT TO SOME OF THE ALLEGATIONS AND STUMP THE OPPOSITION.


With due respect to the legal profession, such analysis is beyond their scope and perhaps not a part of their profession anyway. 

T. Kalaiselvan, Advocate (Advocate)     28 January 2015

Challenge her case properly in the court on the basis of evidences in your side.

namaste   28 January 2015

no human beings r sand bag. [action & reaction is always there]


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